PRAVEEN KUMAR Vs. STATE
LAWS(DLH)-2009-10-315
HIGH COURT OF DELHI
Decided on October 23,2009

PRAVEEN KUMAR Appellant
VERSUS
STATE Respondents


Referred Judgements :-

SALIM V. STATE [REFERRED TO]
PHOOL KUMAR VS. DELHI ADMINISTRATION [REFERRED TO]
STATE OF MAHARASHTRA VS. VINAYAK TUKARAM UTEKAR [REFERRED TO]


JUDGEMENT

V.K. Jain, J. - (1.)THIS is an appeal against the Judgment dated 13.10.2005 and Order on Sentence dated 15.10.2005 whereby the appellant was convicted under Section 394/34 of I.P.C. read with Section 397 thereof and was sentenced to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 1,000/ - or to undergo simple imprisonment for two months in default.
(2.)THE case of the prosecution is that on 21.9.2004, complainant Sanjay, who was dropped by his employer at Ring Road, near Pitam Pura Police Lines, was going on foot towards village Karala as he could not get any transport at that hour of the night. When he reached near Sulabh Shochalyain Y -Block Mangolpuri, the appellant, who was carrying a knife in his hand and his co -accused Krishan Kumar held him and asked him to take out whatever he had with him. When the complainant covered his pocket with his hand, the appellant gave a knife blow on the left side of his chest as well as on his left hand, Driving licence of the complainant and Rs. 80/ - which he was carrying with him were removed and both the culprits ran away towards Y -Block, Mangolpuri park.
The appeal filed by Krishan Kumar, co -accused of the appellant, was disposed of vide order dated 11.5.2009 convicting him under Section 394 of IPC and sentencing him to imprisonment for the period already undergone by him.

(3.)DURING trial, the complainant came in the witness box as PW -3 and stated that on the night intervening 20/21.9.2004, he came to Delhi from Jammu driving a Quails vehicle. His employer Atul Aggarwal left him near Police Lines, Ring Road. Since he had to go to village Karala where his cousin was residing, he proceeded towards Mangolpuri -Sultanpuri Road after waiting for a while for a bus. When he reached near Y -Block, the appellant and his co -accused Krishan Kumar stopped him and asked him to handover whatever he had with him. The taller boy gave him two knife blows and snatched his Driving Licence and cash amounting to Rs. 80/ -. Both of them than ran towards park.
The complainant was taken to hospital in an ambulance, called by an auto -rikshaw driver. After his medical examination and recording of his statement in the hospital, he came to the spot with the Investigating Officer and from there, they proceeded in search of the culprits. When they reached near bushes of Y Block park, he noticed the handle of a knife kept in the dub of taller boy. Both of them were apprehended. Driving Licence and a sum of Rs. 40/ - belonging to him were recovered from the pocket of shirt of the appellant. Remaining amount of Rs. 40/ - was recovered from his co -accused. The witness has identified the knife as well as his driving licence which was seized from the appellant.



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